On May 12, 2000, the Michigan Court of Appeals issued an important decision in Lakes of the North Association v. Twiga Limited Partnership, clarifying that a Michigan tax foreclosure sale does not cancel the obligation to pay HOA assessments. This case is critical for condominium and homeowners association board members to understand, especially when dealing […]
A Busy Week for HOA and Condo Proposals! (NC)
Yesterday, House Bill 444 (the “Homeowners Association Reform Bill”) was introduced. (For details, see What House Bill 444 Would Mean for North Carolina Condominium & Homeowners Associations). Today, the trend continued with the filing of Senate Bill 378 (“HOA Revisions”). Read the article…………………………….
Reserve Study Laws By State
Understanding the intricacies of reserve study requirements is essential for homeowners associations (HOAs) and community managers across the United States. Reserve studies—critical evaluations that help associations plan for long-term maintenance and repair costs—are governed by a patchwork of laws and regulations that vary significantly from state to state. These laws are designed to ensure that […]
HB 1203 was passed in 2024 with the intention of promoting transparency and consistency across Florida homeowners associations. There were several items included in this bill addressing a range of issues such as parking, fines and record keeping.
HB 1203 was passed in 2024 with the intention of promoting transparency and consistency across Florida homeowners associations. There were several items included in this bill addressing a range of issues such as parking, fines and record keeping. Read the article…………………………….
Lawmakers looking for ways to cut down costs to condo owners (FL)
State lawmakers are looking at a number of bills aimed at providing relief for condo owners and associations across the state. It would most notably ease a mandate for reserve funds that caused many to raise fees to make up the cash. Condo owners the past two years say they are shocked by the fees […]
Texas bill aims to shield homeowners from HOA fines over brown lawns in droughts
A lawmaker from Williamson County wants to protect homeowners from fines if their homeowners association says their lawns aren’t green enough during droughts. State Rep. Caroline Harris Davila (R-Round Rock) filed House Bill 517, which would prevent HOAs from sending out fines for having discolored or brown vegetation when cities and utility companies put water […]
Construction Defects Reform Bill Passes Committee (CO)
The House Transportation, Housing & Local Government Committee today passed a bill that would incentivize the development of condominium and townhome units to create more affordable housing options. HB25-1272, sponsored by Representative Shannon Bird and Speaker Pro Tempore Andy Boesenecker, passed by a vote of 12-1. Read the article…………………………….
Arizona House passes bill to change how HOA boards manage budgets
The Arizona House of Representatives has advanced legislation that could change how homeowner associations manage budgets. House Bill 2442 passed Tuesday in a close vote of 31-27 and may now be taken up for consideration in the Senate. The legislation would establish rules and procedures for how an HOA board approves its annual budget and […]
NC Community Association Legislative Update – March 18, 2025
Today, Tuesday, March 18, House Bill 444 (the “Homeowners Association Reform Bill”) was filed. This is the first bill in the new two-year legislative session that, if adopted, would impact North Carolina homeowner and condominium associations. Read the article…………………………….
Florida Court Rejects Insurer’s Bid For Coverage In $8.5M Condo Defect Case
A federal judge in Florida’s Middle District ruled Monday that Amerisure Insurance Company, the insurer for contractor The Auchter Co., can’t tap third-party insurers to offset an $8.5 million judgment tied to shoddy workmanship on a 2005 Jacksonville condo project. U.S. District Judge Anne C. Conway held that a prior settlement freed those insurers from […]
Building Owners Opt for Fines Over Costly Local Law 97 Retrofits (NY)
A new report prepared by the non-partisan Center for an Urban Future contains a stunning revelation: dozens of New York City building owners say they’ll pay fines rather than installing expensive building retrofits that would bring them in compliance with the city’s climate law, Local Law 97. Read the article…………………………….
Proposed amendments to Colorado’s condo construction defects bill looks to address opponent concerns
The longstanding fights between home builders and trial lawyers are in a different place as the bill to resolve longstanding condo construction defects issues heads to the committee on Tuesday. The hearing on House Bill 1272 in the House Transportation, Local Government and Housing Committee will review an eight-page amendment that is bringing some of […]
Abrupt HOA Meeting Notice Leads to a Court Case on a Fire Alarm System
The Willoughby Condominium Association (the “Association”) needed to update its drastically outdated fire alarm system, which had not been updated for more than 50 years. The Board called for a special Board meeting to approve the more than $1 million project to bring the system into compliance with county code. The Board posted notice of […]
The Shires Homeowners Association, Inc. v. John M. Clark (2025) (AL)
On June 7, 2022, Clark filed in the small-claims division of the Shelby District Court (“the district court”) a complaint against the HOA. Clark asserted that the HOA had caused an invalid lien to be placed on Clark’s property (“the property”) and that, therefore, the HOA owed Clark $3,746. Read the article…………………………….
Bill to Protect HOA Homeowners Passes Committee (CO)
The Senate Local Government and Housing Committee today passed a bill that would strengthen safeguards for homeowners in homeowners associations (HOAs) to help them stay housed and recoup their property’s equity if they are forced to sell. Read the article…………………………….
Recent Mass. Court Decision Clarifies Condo Association Obligations
Who is responsible for paying the expense of reasonable modifications when a condominium owner is disabled and requires modifications to the property in order to enjoy full use of their premises? Until recently, based on a 2010 decision by the Massachusetts Commission Against Discrimination (MCAD), condominium associations were required to pay the cost of reasonable […]
Lawsuit against Hedingham HOA, security contractor can proceed, judge rules (NC)
A judge on Friday denied dismissing a lawsuit against the security company and the homeowners association of the Hedingham neighborhood in Raleigh in response to an October 2022 mass shooting in the neighborhood. Read the article…………………………….
Colorado’s Proposed HB25-1123 – Alternative Dispute Resolution
In its current form, HB25-1123 builds and expands on existing provisions in the Colorado Common Interest Ownership Act (CCIOA) regarding alternative dispute resolution. Specifically, HB25-1123 seeks to implement mandatory dispute resolution processes and procedures for resolving conflicts between community associations and owners through informal dispute resolution or, in certain cases, by means of mandatory mediation […]
Co-ops and Condos Must Now Test for Lead in Common Areas
For New York City’s co-op and condo boards and their management companies, those mandates never seem to stop coming. A new batch is on the way from the department of Housing Preservation and Development (HPD). Common areas. Beginning Monday, March 17, building owners, including co-op and condo boards, must include testing of common areas when […]
Upcoming deadline for Illinois condominium associations
As previously mentioned in this column, the new Section 18.12 of the Illinois Condominium Property Act (the “Act”) went into effect Jan. 1, 2025. This new law addresses accessible parking for individuals with disabilities within condominium associations. The primary impact of the new law requires condominium boards to adopt a written policy and procedure to […]
Plaintiff alleges negligence against homeowner’s association after gate accident (FL)
In a gripping legal battle that has emerged from Palm Beach County, Florida, a resident is seeking justice following a traumatic incident involving malfunctioning property equipment. On February 28, 2025, Suzanne Caplan filed a lawsuit in the Circuit Court of the Fifteenth Judicial Circuit against Valencia Pointe Master Association, Inc. and Castle Management, LLC., also […]
Measure T gets an ‘unconstitutional’ ruling from county court (CA)
After lengthy litigation on the citizen’s initiative Measure T, which prohibited short-term vacation home rentals (VHRs) in residential areas, El Dorado County’s Superior Court deemed that the measure’s wording was unconstitutional and struck the entire measure. The city of South Lake Tahoe is now deciding whether or not to file an appeal once they receive […]
Condo owners frustrated as Florida House advances condo bill that allows boards to borrow money without consent
A new condo safety bill looks to shore up safety, but it comes at a cost. A Florida House panel has advanced legislation that allows condo boards to borrow money without member consent. CBS News Miami reviewed the bill and spoke to condo owners dealing with the fallout from state reforms since the Surfside collapse. […]
HOA reform bill clears first hurdle in state Senate
A bill that would place limits on the power of homeowners’ associations advanced out of the Senate Housing and Homelessness Prevention committee Thursday on a unanimous vote……The bill (SF1750/HF1268) would require homeowners’ association boards to create a schedule of fines and fees and distribute it to homeowners; ensure homeowners can contest an HOA fine; provide […]
Todd Prager Fought to Liberate Oswego Lake—and Won (OR)
Oswego Lake, the defining feature of the similarly named suburb Lake Oswego, is a public body of water. Prager, a consulting arborist with a fondness for lake swimming, and Mark Kramer, a local lawyer who enjoys kayaking, have been making that case since 2012, when they filed a federal lawsuit against the city. That year, […]
Condo Owners Fight Back: Accuse Insurer of Bad-Faith in Denying $2M Hidden Water Damage Claim (WA)
In a significant legal skirmish unfolding in Seattle, The Florentine Owners Association has launched serious accusations against Affiliated FM Insurance Co. (AFM), alleging that the insurer is intentionally dragging out its investigation into a substantial hidden damage claim, potentially to avoid paying over $2 million in repairs. According to the complaint filed on March 6, […]
Illinois Appellate Court Decision Demonstrates Illinois Condominium Associations Must Follow Strict Legal Procedures for Board Meetings, Voting, and Governance
Illinois condominium boards often overlook minor procedural details—until a lawsuit forces costly reversals. A recent Illinois appellate court case underscores why compliance with governing documents is critical to avoid legal trouble. In Gunnison Commons, LLC v. Alvarez, 2024 IL App (1st) 232176 (2024), an Illinois appellate court reinforced the importance of following condominium declaration requirements […]
Michigan Court of Appeals Confirms HOA Board’s Right to Hire a Property Manager
The Michigan Court of Appeals recently reaffirmed that a homeowners association (HOA) board has the authority to hire a property management company for compensation, even when an HOA’s bylaws state that “agents” must serve without compensation. In Neuman v. Long Lake Shores Association, the court clarified that the term “agent” does not extend to third-party […]
Bill expanding flood risk disclosure requirements to renters coasts through first Senate stop (FL)
The Florida Association of Realtors backed the bill too and was among three groups, including the Community Associations Institute and Audubon Florida, to signal support for SB 948 Wednesday. Read the article…………………………….
House Bill 1403 could bring more condo construction across Washington
A new house bill looks to simplify condominium construction statutes across the state. Rep. Jamila Taylor (D-Federal Way) and House Bill 1403 looks to close the gap between housing supply and pressure on the rental market by encouraging condo construction. Read the article…………………………….
Guidance for Community Associations with ICE Requests
Community Associations Institute is proud to release new guidance for community associations handling U.S. Immigration and Customs Enforcement requests, developed to help community managers and board members navigate interactions with ICE agents while protecting the rights of residents, employees, and association leadership. Read the article…………………………….
House Committee advances bill requiring homebuilders to turn over HOA control to homeowners earlier (ID)
Homeowners could soon get more say in their homeowners association under a new bill. On Tuesday, the House Business Committee unanimously voted to send HB 361 from Rep. Jon Weber, R-Rexburg, to the floor, which would give homeowners in developments with HOAs earlier control over the boards governing their neighborhoods instead of leaving associations under […]
Lopez’s bill to block Citizens Insurance for noncompliant condos clears Committee in 13 minutes (FL)
This legislative session’s much-awaited House condo bill passed its first committee unanimously in 13 minutes on Tuesday, but one of the differences between the House and Senate proposals appears to be taking center stage. Read the article…………………………….
Florida House panel advances condo-safety bill with tougher compliance measures
A Florida House panel on Tuesday unanimously signed off on a proposal that would make further changes to condominium safety laws requiring inspections of older buildings and adequate reserves for repairs. Rep. Vicki Lopez, a Miami Republican who has shepherded the House’s condominium safety efforts in recent years, said the measure “promotes integrity and long-term […]
Miami Rep. carves out Epic, Carillon from law favoring developers in condo-hotel disputes (FL)
A Miami lawmaker is proposing to carve out two hotel-condominiums in South Florida from a law that gives developers more control over the building, and the upper hand in lawsuits with associations that govern the residential portion of the property. Read the article…………………………….
Trump Creates Headwinds to New York’s Green Electric Grid
When the Biden administration passed the Inflation Reduction Act in 2022, its numerous green incentives encouraged many co-op and condo boards that compliance with the city’s building emissions law, Local Law 97, might be within reach after all. Read the article…………………………….
Legislature holds off on curbing HOA power over chickens (ID)
If you were counting on a legislative loophole to help get around your HOA banning chickens, let’s hope you didn’t count them before they hatched. The House Agricultural Affairs Committee voted 8-7 at the end of February to hold SB 1026 from Sen. Tammy Nichols, R-Middleton, that would have blocked homeowners associations from enacting rules […]
Is Your Condo Association Compliant with Illinois’ New Accessible Parking Law?
On January 1, 2025, Section 18.12 of the Illinois Condominium Property Act went into effect. This new section, which applies only to condominium associations, requires all condominium associations that have parking to adopt a policy that addresses how to reasonably accommodate a unit owner who is disabled and requires an accessible parking space to ensure […]
Prima Luce condo tower faces $36.9M foreclosure (FL)
The Prima Luce twin condo towers and Towles Garden workforce housing development face foreclosure in Fort Myers. Developer Bob MacFarlane, who had been spearheading both projects and had used the land at Towles Garden as collateral for Prima Luce, entered March 11 with less than 48 hours to secure $36.9 million in funding to avoid […]
Award in Santa Clara HOA lawsuit is largest ever in California after ‘extensive deception’ over abandoned well under condo
It’s been nearly seven years since water began accumulating in the crawlspace of Doug Ridley and Sherry Shen’s condo — an alarming discovery that led to the uncovering of an abandoned artesian well under their living room that would wreak havoc on the couple’s lives. What followed was a years-long legal battle between Ridley and […]
Legislators introduce bipartisan HOA, Common Interest Community reform package (MN)
Legislators from all four caucuses held a press conference on Feb. 26 introducing a Homeowners Association (HOA) and Common Interest Community (CIC) reform package. The House bill, HF1268, is authored by Representatives Kristin Bahner (DFL-Maple Grove), and Shane Mekeland (GOP-Clear Lake). The Senate bill, SF1750, is authored by Senators Eric Lucero (GOP-Saint Michael) and Susan […]
HOAs are creating barriers for home-based childcare providers, lawmakers told (NV)
Deetra Stewart provided home-based child care for more than two decades before her homeowners association decided they had a problem with it. She recalled being “shocked and horrified” by what felt like an arbitrary decision: “My family lost income and the families I serve lost their childcare provider. (The HOA) had the power to shut […]
HB25-1043 – Yet Another Potential Roadblock for Community Associations (CO)
In 2022 (HB22-1137) and again in 2024 (HB24-1337), the General Assembly passed legislation that limited an association’s ability to seek recovery of unpaid assessments. HB25-1043 is the latest effort to further curtail an association’s ability to pursue legal remedies to collect legitimate owner delinquencies. Read the article…………………………….
Fishers, Indiana Poised to Adopt Rental Cap for HOAs, Condominium & Townhome Associations
The City of Fishers, Indiana, has introduced an ordinance capping the number of single-family rental homes in each subdivision to 10%. The Ordinance, No. 022425A, seeks to address the growing trend of corporate investors purchasing large numbers of homes for rental purposes in the area. This issue, which has been the focus of community associations […]
Legislators introduce bipartisan HOA, Common Interest Community reform package (MN)
Legislators from all four caucuses held a press conference on Feb. 26 introducing a Homeowners Association (HOA) and Common Interest Community (CIC) reform package. The House bill, HF1268, is authored by Representatives Kristin Bahner (DFL-Maple Grove), and Shane Mekeland (GOP-Clear Lake). The Senate bill, SF1750, is authored by Senators Eric Lucero (GOP-Saint Michael) and Susan […]
A Beginner’s Guide to Lead Paint Inspections in NYC – Local Law 111 Explained (NY)
Just when you thought NYC had enough local laws to keep your property manager scrambling, here comes another one! As a volunteer board member, you already have your hands full—so how are you supposed to keep up with it all? Local Law 111 is the latest regulation expanding lead paint inspection requirements, and it applies […]
House lawmakers show support for legislation limiting reach of HOAs (MN)
More than 1 million Minnesotans live under a homeowners association, and 86% say they are very happy with the results. But when association boards or the managers they hire are ineffective, a homeowner can find a $56 fine turn into a foreclosure notice. Read the article…………………………….
What Proposed Legislation Means for Georgia Community Associations and Homeowners
Over one-third of Georgians—2.3 million people—live in approximately 873,600 homes in 11,200+ community associations. According to the Foundation for Community Association Research and its Community Association Fact Book, these Georgia homes are generally valued at least 4% more than other homes. However, proposed legislation in the Georgia House and Senate, including SB 107, SB 108, […]
Florida Lawmaker seeks to bring more transparency and accountability to HOAs
A South Florida lawmaker is proposing a new plan to increase transparency and oversight for homeowners’ associations (HOAs), with the goal of enforcing new laws more effectively and reducing fraud. Rep. Juan Carlos Porras (R-Miami) is concerned that many HOAs have either failed to comply with recently passed rules or have been involved in fraud […]
Gov. DeSantis addresses condo law concerns (FL)
Gov. Ron DeSantis said Thursday he does not want to see residents forced out of their condominiums because of a Florida state law passed after the deadly 2021 Surfside condo collapse. The law requires structural integrity assessments, known as “milestone inspections,” for condominium or cooperative buildings that are 25 to 30 years old or older, […]